Matter of Marsala v City of Long Beach
Motion No: 2009-06514
Slip Opinion No: 2009 NY Slip Op 80239(U)
Decided on August 10, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M90569

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

PLUMMER E. LOTT, JJ.

2009-06514

In the Matter of John Marsala, petitioner,

v City of Long Beach, et al., respondents.

(Index No. 14361/08)

DECISION & ORDER ON MOTION

Motion by the City of Long Beach for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered April 9, 2009, and to stay all proceedings in the above-entitled proceeding pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied as academic.

PRUDENTI, P.J., RIVERA, COVELLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court